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Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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Dear sir/madam,

Customer Question

Dear sir/madam,

I recently received a PCN for driving within a bus lane, within that PCN were pictures of my apparent vehicle, the problem I had with it was that the first two/three pictures did not show a vehicle registration number clearly enough for me to decipher, although you could see a vehicle was within a bus lane. The last picture homed in on the registration number and front lights area of the said vehicle however all around the outside area of the vehicle is pitch black this did not make any sense to me and on that ground I appealed the ticket stating the above.
Several weeks later on the 23/01/2014 I received an envelope from BPS (Barnet parking services) stating that they have looked at the appeal letter however have rejected it saying they have viewed the CCTV footage and are satisfied that the contravention occurred and have included a DVD as proof for me to view. I have now attempted to play the DVD in several machines and it clearly has an error and will not play.

Obviously I am now quite annoyed that now on two occasions BPS have not managed to get to me definitive proof of this alleged contravention.

As I am a self employed consultant engineer, spending time to prepare this statement has meant taking time out of my usual schedule now on two separate mornings this has now cost me time and money to the value of £140.00 (£70.00 on each occasion) of which I am now seeking compensation.

Had the original PCN been correct I would have paid the amount and moved on.
I look forward to receiving this compensation within the next 14 days commencing from the date on this formal complaint letter.
Yours faithfully

Dear Mr Wild,

I will now take up your points as listed below.

Your email:
Thank you for drawing this to my attention.

Firstly, I apologise for the fact that the DVD the Notice Processing Office sent you does not work. I confirm that I have emailed the two team leaders responsible for this function and have asked them to author a new DVD, test it and send it to you; I confirm that I have also asked them to print full A4 colour copies of the photographs for your convenience. I assure you that the fact that the DVD did not work is not malicious, but an error made by the person authoring the DVD.

I note that you are seeking compensation for £140.00. I would state that the London Borough of Barnet would only pay compensation when directed to do so by the Adjudicator at the Parking and Traffic Appeals Service. The Adjudicator would need to be of the opinion that the Enforcement Authority (in this case the London Borough of Barnet) has acted in a vexatious, frivolous, or wholly unreasonable manner.

I would contest that I do not believe that we have acted in any of the aforementioned manners, the non-working DVD was genuine error.

Kind regards

John Wild
Process Manager
Parking Client Team

In reply to your email received on the 31/01/2014 I wish to raise several points which I am at this point very disappointed with your responses.

Firstly I would like to state for the record that I am not appealing against the validity of the PCN which states that my vehicle was in a bus lane as I have stated before I am quite happy to pay it therefore there is no reason for an adjudicator to be appointed at this stage and as far as I am concerned my seeking compensation due to loss of earnings has absolutely nothing to do with the actual PCN or the adjudicator.

I have every right to ask for proof of the contravention especially when it is not clear.

On two separate occasions your departments which you have now admitted have got it wrong.

This is an error on your part whether accidental or not. As far as I am concerned it should be correct on every occasion meaning this type of error should not happen.

The PCN and the DVD should have been both checked before they were sent out to me as a result of your error it has now cost me time trouble and loss of earnings a cost I am now passing on to you as this is an error made by not one but two of your departments.

Your departments acted negligently in the first instance and carelessly in the second and yet again you have wasted my valuable time. This is now the third time I have had to state my position. To date I still have not received the proof I require and again it is costing me time and money to write this response so again this has cost you a further £70.00 now totalling £210.00 which I am now seeking as compensation from you.

I look forward to receiving this compensation within the next 14 days commencing from the date on this 2nd formal complaint letter.
Be forewarned if this is not resolved by that time I will move this case on and appoint my solicitor to take this to the next stage.

where do i stand? XXXXX XXXXX
Submitted: 4 years ago.
Category: Law
Expert:  Ash replied 4 years ago.

Alex Watts : Hello my name is Alex and I will help you with this. Please note that I am a working Solicitor and may be on and offline as I have to attend Court and meet with clients, even at weekends. As such you may not get an instant response when you reply, but rest assured I will be giving your question my immediate attention upon return You do not need to wait here as you will get an email when I reply.
Alex Watts : You are charging them £70 per letter is that right?
JACUSTOMER-pscni0w3- : Hi Alex,Yes this is correct.. As I am a consultant engineer by trade and this is the amount I loose when I don't do a job designated to myself.. I am fighting on two separate grounds... Compensation for loss of earnings and for proof of the alleged offence.
JACUSTOMER-pscni0w3- : *lose
Alex Watts : But do you accept it was your vehcile or you were in the location on the date around that time?
JACUSTOMER-pscni0w3- : I will accept it when I see definitive proof.. It is possible it could be my vehicle as I'm up and down this road quite regular as I have a business nearby however there are many Renault megane scenics which resemble mines.
Alex Watts :

Ok - if you do not know it is yours then you need to appeal to the adjudicator.

Alex Watts :

In any event you can not claim compensation from the Council.

Alex Watts :

They are doing what is prescribed by the Traffic Management Act and they are not required to pay you, unless Ordered to by a Court or Adjudicator.

Alex Watts :

In any event under the Civil Procedure Rules all you can claim is £18 per hour.

Alex Watts :

Further the OFT gave guidance in that letters from Companies in default etc can not be charged more than £12.

Alex Watts :

Therefore at the very most, even if you won, your letters would be capped at £12

Alex Watts :

But based on the fact you claim there is no evidence you must appeal

Alex Watts :

That is the only avenue if you do not accept that it was you.

Alex Watts :

I am sorry if this is not necessarily the answer you want and certainly not the one I want to give you, but I have a duty to be honest

Alex Watts :

Can I clarify anything for you about this today please?

Alex Watts :

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